1. Welcome to #WorkforceWednesday. This week, employers continue waiting on the Occupational Safety and Health Administration’s (OSHA’s) COVID-19 emergency temporary standard as retaliation claims rise.

    Secretary of Labor Puts OSHA's COVID-19 ETS on Hold

    Secretary of Labor Marty Walsh has requested a hold on OSHA’s COVID-19 Emergency Temporary Standard (ETS), pending an update based on the latest scientific analysis. Listen to last week’s Employers and the New Administration podcast to learn what’s expected in the ETS – ebglaw.com/eltw205

    COVID-19 Retaliation Claims Increase

    According to Bloomberg Law, there have been over 300 COVID-19-related retaliation claims filed with OSHA so far this year, with 34 filed in the last month.

    CDC Releases Guidance on Increasing Employee Vaccinations

    The Centers for Disease Control and Prevention (CDC) has released guidance on steps for encouraging employee vaccinations. The agency recommends that employers train “vaccination ambassadors” to increase vaccine acceptance in the workplace. Learn more - shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/coronavirus-vaccination-ambassadors.aspx

    Other Highlights

    Long-Awaited Website Accessibility Ruling

    The U.S. Court of Appeals for the Eleventh Circuit finally issued its long-anticipated ruling in Gil v. Winn-Dixie Stores, holding that websites are not covered as places of public accommodation under Title III of the Americans with Disabilities Act. Read the top three takeaways from the case - workforcebulletin.com/2021/04/08/the-eleventh-circuit-finally-breaks-its-silence-on-website-accessibility-but-was-its-decision-worth-the-wait/

    Arbitration Agreements Can Remain Confidential, for Now

    The recent decision by the National Labor Relations Board (NLRB) in Dish Network, LLC means that, at least for now, employers and employees may agree on conducting their dispute resolution on a confidential basis without violating the National Labor Relations Act. But, with the NLRB set to flip again to Democrat control as current appointees’ terms expire, businesses wishing to utilize confidentiality provisions should account for the distinct possibility that the NLRB will overturn Dish Network, LLC and similar decisions. Click for more - managementmemo.com/2021/04/08/nlrb-holds-arbitration-agreements-can-remain-confidential-for-now/

    What We’re Reading

    “Return-to-Work Mandates Tested in ACLU’s South Carolina Case,” a Bloomberg Daily Labor Report article, featuring attorney Nancy Gunzenhauser Popper - news.bloomberglaw.com/daily-labor-report/return-to-work-mandates-tested-in-aclus-south-carolina-case

    WORKFORCE (re)imagined.TM

    Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce - ebglaw.com/return-to-work/

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  2. Employers are watching two areas closely. Action from the Office of Federal Contract Compliance Programs (OFCCP) is expected after recent statements from Director Jenny Yang on pay equity, and The Occupational Safety and Health Administration (OSHA) is set to announce an Emergency Temporary Standard.

    How can businesses prepare for changes to come at these two agencies? Guest attorney Bob O’Hara discusses the regulatory actions employers should anticipate. Attorney David Garland leads the conversation.

    Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis on the first 100 days of the Biden administration.

    We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    You can also subscribe and listen to extended editions of this podcast series on your preferred platform – Apple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  3. It’s #WorkforceWednesday! This week, some practical updates on posting requirements, reporting deadlines, and new COVID-19 leave in California.

    DOL Guidance on Posting Notices for the Remote Workplace

    The U.S. Department of Labor (DOL) recently issued guidance on posting requirements for employees working remotely. Though the guidance applies only to federal notices for fully remote workplaces, it contains helpful direction for employers about posting federal, state, and local notices for hybrid workforces. Click for more - workforcebulletin.com/2021/01/08/how-to-comply-with-notice-and-posting-requirements-during-the-age-of-remote-working/

    EEO-1 Reporting Deadline Delayed

    This year, the submission window for 2019 and 2020 EEO-1 data has been delayed and will open April 26, 2021, and close on July 19, 2021. This year’s submission window extends the data collection period from 10 weeks to 12 weeks to provide employers additional time to file - eeoc.gov/newsroom/eeoc-announces-april-26-opening-date-collection-2019-and-2020-eeo-1-component-1-data

    At the state level, today is the first annual deadline for California employers with 100 or more employees nationwide to report pay and demographic data to the Department of Fair Employment and Housing - ebglaw.com/news/california-pay-data-reporting-due-march-31-2021/

    California Enacts New COVID-19 Paid Sick Leave

    As of March 29, full-time California employees are entitled to up to 80 hours of supplemental paid sick leave related to COVID-19. The new law applies to businesses with over 25 employees for time off related to COVID-19 quarantines, caregiving, and vaccinations. Here’s more - ebglaw.com/news/california-enacts-legislation-retroactively-expanding-supplemental-covid-19-paid-sick-leave/

    Other Highlights

    Wage Increases Impacting Health Care Employers

    Eight states—California, Connecticut, Illinois, Florida, Maryland, Massachusetts, New Jersey, and New York—and the District of Columbia will raise their state minimum wage to $15 or higher by 2026. The wage shifts will significantly impact health care employers, where nearly 7 million of the approximately 18.6 million health care employees in the U.S. earn a median wage of $13.48. Learn more - healthemploymentandlabor.com/2021/03/29/changing-floors-minimum-wage-increases-for-health-leaders-to-consider/

    NY Issues Guidance on Vaccination Leave

    New York has issued guidance for the state’s new law requiring that all private employers in New York provide their employees with up to four hours of paid leave to get each COVID-19 vaccination shot. The guidance clarifies that the law does not create any retroactive benefit rights to paid vaccination leave - workforcebulletin.com/2021/03/24/new-york-issues-faqs-on-paid-vaccination-leave-law/

    ARPA Requires Tax-Free COBRA Subsidy

    As part of the recently enacted American Rescue Plan Act of 2021 (ARPA), employers will be required to provide, on a tax-free basis, a subsidy to involuntarily terminated employees and their qualified beneficiaries to pay 100% of the COBRA continuation premium for group health plan coverage. Learn more - workforcebulletin.com/2021/03/30/arpa-requires-tax-free-cobra-subsidy/

    What We’re Reading

    “Next Pandemic-Era Steps for a Safe and Equitable Workplace,” a Law360 Employment Authority article by attorneys David Garland and Susan Gross Sholinsky. Read the article here - ebglaw.com/news/next-pandemic-era-steps-for-a-safe-and-equitable-workplace/

    WORKFORCE (re)imagined.TM

    Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce - ebglaw.com/return-to-work/

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  4. President Biden has been clear about his support for unions throughout his political career. What does this mean for the NLRB and labor management relations in the coming years?

    In this episode, Glenn Spencer, Senior Vice President of the Employment Policy Division at the U.S. Chamber of Commerce, and attorney Steve Swirsky discuss what employers can expect from the NLRB under the Biden administration. Attorney David Garland leads the conversation.

    Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis on the first 100 days of the Biden administration.

    We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    You can also subscribe and listen to extended editions of this podcast series on your preferred platform – Apple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  5. Welcome to #WorkforceWednesday. This week, COVID-19 recovery and safety are top of mind as new stimulus funding, an Occupational Safety and Health Administration (“OSHA”) directive, and paid leave requirements are put in place.

    American Rescue Plan Goes Into Effect

    Last Thursday, President Biden signed the $1.9 trillion American Rescue Plan, a massive economic relief bill that will attempt to address the widening toll of the COVID-19 pandemic.

    OSHA Releases COVID-19 National Emphasis Program Directive

    Following an executive order from President Biden, OSHA has released a National Emphasis Program directive and an Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19):

    · osha.gov/sites/default/files/enforcement/directives/DIR_2021-01_CPL-03.pdf

    · osha.gov/memos/2021-03-12/updated-interim-enforcement-response-plan-coronavirus-disease-2019-covid-19

    New York Mandates Paid Time Off for COVID-19 Vaccinations

    New York is now the first state to require employers to grant paid leave for employees to get COVID-19 vaccinations. Here’s more: ebglaw.com/news/new-york-employers-must-now-provide-employees-with-paid-leave-to-get-vaccinated/

    Other Highlights

    Frontline Employers, Beware

    Frontline employers providing bonuses to workers should note that, even during the pandemic, bonuses might be considered nondiscretionary and should be included in overtime calculations. Learn more: shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/bonuses-to-front-line-workers.aspx

    Year One of COVID-19 and Employment Law

    Labor and employment law and workforce management has changed drastically in the last year as a result of the COVID-19 pandemic. Labor and employment lawyers and HR professionals are still waiting on answers on several issues. Read more (subscription may be required): law360.com/articles/1363162

    What We’re Reading (and Attending)

    “AI-Based Compensation Management and Bias: Can AI Close the Pay Gap?” by attorneys Michelle Capezza and Bradley Merrill Thompson: workforcebulletin.com/2021/03/11/ai-based-compensation-management-and-bias-can-ai-close-the-pay-gap/

    To learn more, register for our upcoming Bias in Artificial Intelligence: Legal Risks and Solutions virtual briefing: ebglaw.com/events/bias-in-artificial-intelligence-legal-risks-and-solutions/

    WORKFORCE (re)imagined.TM

    Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce: ebglaw.com/return-to-work/.

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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Employment Law This Week®

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Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. Presented by law firm Epstein Becker Green. Learn more at ebglaw.com/employment-law-this-week/

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